Cary Daniel and her mother Chris Daniel no longer live in the townhome, and said they need to wear respirators and goggles when they return to the townhome to retreive their belongings.

Until now.

A Dallas woman has filed a lawsuit seeking six figures from a former neighbor and landlord for damage she says was caused by cigarette smoke wafting through adjoining walls of her high-end townhome.Also Online

"Smoking is not a right, it's a privilege," said Chris Daniel, a retired nurse. "I'm sorry that people smoke. I think it's foolish, but when it comes into my house and hurts my health and my daughter's health and our belongings, it's a different issue."

The case is being watched by townhouse industry groups across the area.

A manager and attorney for Estancia Townhomes, a 52-building community near Prestonwood Country Club in North Dallas, said it's unlikely the Daniels sustained any smoke damage. There is a solid, two-hour fire wall from the foundation to the roof between each of the homes.

And even if some smell did seep through, the Daniels renewed their lease at Estancia – where smoking is permitted – six months after they say the problem began.

Chris Daniel and her daughter, Cary, say in the lawsuit that a construction defect is allowing smoke to migrate between the units.

After a year of stinging eyes, breathing difficulty and sinus pain, they moved out of Estancia and into the Homewood Suites in Addison. Last week, movers wearing surgical masks loaded trucks with their belongings.

The Daniels said furniture will need to be reupholstered, artwork restored and closets full of clothing dry cleaned. The bills are still piling up.

"There's nothing in our home that was ready made. I picked out fabrics, everything was custom made and everything was spotless," said Chris Daniel.

"It's not like our worldly goods are the most important things in our life, but you know what? I don't expect them to be damaged."

Some multifamily communities have followed the lead of hotels and car-rental companies – designating nonsmoking rooms or buildings. The Glass House, a 21-story high-rise in Dallas' Uptown, markets itself as a smoke-free property.

Unfamiliar territory

Kathy Carlton, director of government affairs for the Apartment Association of Greater Dallas, said she's never heard of a case such as the one filed by the Daniels.

She said most people who are highly sensitive to cigarette smoke don't move into a community or a building where it's allowed.

"Generally, this stuff is the property owners' prerogative, and people either live by the rules or move on down the street," Carlton said.

"If you have a pet, you look for a place that takes pets. If you hate pets, you look for a place that doesn't allow them. People have choices."

The Daniels said the freedom to choose cuts both ways.

Yes, people may be entitled to smoke in their home – but others are equally entitled to live in a clean and healthy environment.

The right to swing your fist, they said, ends when it meets my nose.

"This lease says I have a right to a habitable place, this lease says I have a right to quiet enjoyment, this lease says I have a right to safe living," said Chris Daniel, referring to court documents.

"And I did have that ... until someone moved in who did not care about her neighbor."

The Daniels lived at Estancia for four years. Today, after a final walkthrough of their home with an attorney and managers, they will hand over the keys.

Nicole Lott, property director at Estancia, said it's been a long year of acrimony.

Managers replaced air filters repeatedly, installed sealant-type electrical plates and – at the Daniels' request – used an industrial-grade roofing sealant to caulk pipes under their kitchen cabinet.

When that didn't work, managers tried to negotiate a move for both tenants within the community.

Restraining order

Williams, the smoker, finally moved to another unit in June after a judge issued a temporary restraining order forbidding her from lighting up in her home.

"We've done more for these people than we've ever done for anyone else," Lott said. "I don't think it's possible to satisfy them."

Chris Daniel also filed a complaint under the Texas Fair Housing Act, alleging that her sensitivity to cigarette smoke qualifies her for protection set aside for people with disabilities.

The complaint is being reviewed by Dallas' Fair Housing Office.

First Assistant City Attorney Chris Bowers said a garden-variety reaction to cigarette smoke – puffy eyes, runny nose, coughing – would probably not meet the standard set by the law, a severe limitation of a major life activity.

"Not just anybody will be able to say smoking has that effect, and that's one of the things our Fair Housing Office will investigate," he said.

"It's safe to say most people do not suffer the degree of impairment this person alleges from cigarette smoke."

Chris Daniel has been treated by an allergist and an internist, according to court records, and was prescribed two inhalers.

Dr. Barbara Stark Baxter, a clinical associate professor at UT Southwestern Medical Center, wrote that Daniels "qualifies as disabled under the Texas Fair Housing Act and the Americans with Disabilities Act."

Her attorney, John Clark V, said his clients were essentially driven from their home by cigarette smoke.

SSC

AMEN Tyler, these simple brained whiners have nothing better to do with their miserable lives. Oppression is becoming rampant, my money pays for my cigarettes, including Obama's high tax ear marked for child health care.I have no issue with that , all for the health care, but don't slap the hand that feeds you, without the taxes, then where will the money come from, MORE TAXES..Now a possible tax on soda and fruit juice, how friggin ignorant.

rosco 357

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Registration date : 2008-04-18Number of posts : 6718Gender : Quote : Never Quote You May Have To Back It UpReputation : 1Points : 7397

i posted this because i knew it would draw comments, it does seem hard if it has a 2 hour firewall, but im not there, so i cant say what is what for sure. but the part about other town house owners are watching this , i can believe that, if in fact smoke was passing through, gee this could open a big can of worms, i imagine there are town houses if not as well built, that might have some problems, i guess we will see. NOW i will admit this, my son in law has a den upstairs and one down stairs that he usually watches tv in, the kids watch kids shows in the den on the main floor.. i use to watch movies with him some, downstairs, as they were R rated movies or PG-13, he would smoke, down there, i will admit when i got home i would have to wash my cloths, but now i think my daughter said he goes out into the garage to smoke which is just a door away from his den,,i cant explain it but i told u i smoked for a few years when i was like 3O , but even though i smoked if i was around someone smoking their smoke would choke me i cant explain it. i even had to stop talking sometimes. i still cant explain it, oh i also think he goes out for the house furniture sake,, but also he smokes less going out. since cigs are expensive, he trys to cut cost,

on the article, its showed the lady and her daughter with those big mask on that has the side replaceable canisters, like a they wear in movies for germs, lol,

gypsy

Roscos words// i will admit when i got home i would have to wash my cloths, but now i think my daughter said he goes out into the garage to smoke which is just a door away from his den,,i cant explain it but i told u i smoked for a few years when i was like 3O , but even though i smoked if i was around someone smoking their smoke would choke me i cant explain it. i even had to stop talking sometimes. i still cant explain it, oh i also think he goes out for the house furniture sake,, but also he smokes less going out. since cigs are expensive, he trys to cut cost,// I do the same thing,choke an can't breathe when i am around smoke, it chokes me, plus it makes everything in ones house smell bad,I am so glad jer quit 19 years ago,I did try smoking more or less sociably lol but I was in my 20's an never got the habit, i quit Occasionally smoking 40+ years agoI am glad its been stopped in Restaurants/bars an most public places

rosco 357

Veteran

Registration date : 2008-04-18Number of posts : 6718Gender : Quote : Never Quote You May Have To Back It UpReputation : 1Points : 7397

SSC wrote:AMEN Tyler, these simple brained whiners have nothing better to do with their miserable lives. Oppression is becoming rampant, my money pays for my cigarettes, including Obama's high tax ear marked for child health care.I have no issue with that , all for the health care, but don't slap the hand that feeds you, without the taxes, then where will the money come from, MORE TAXES..Now a possible tax on soda and fruit juice, how friggin ignorant.

i agree, about not taxing soda's and fruit juice, i think they should just keep on adding to cigs, LMAO.. sorry teasing, but heck tyler is loaded he can afford to pay more, LMAO< i have 3 choices to reply about fox. heck i dont know which one to use lol. a single topic in like in GT would have been much easier gyp,i may post on fox in the recipe section, yep thats the ticket,let me got hunt a fox pie recipe, take care